Law of Evidence

Features of Law of Evidence are as follows

1.INTRODUCTORY
1.1. Conceptions of evidence in classical Hindu and Islamic Jurisprudence
1.2. Evidence in Customary Law Systems (Non – state law)
1.3. The introduction of the British ‘Principles’ of evidence
1.4. The main features of the Indian Evidence Act.
1.5. Other Acts. Which deal with evidence (special reference to CPC, Cr.P.C., Central Act. Such as Banker’s Book Evidence Act., Fiscal and Revenue Laws etc.,
1.6. Problem of Applicability of Evidence Act.
1.6.1. Administrative Areas
1.6.2 Administrative Tribunals
1.6.3 Industrial Tribunals
1.6.4 Commissions of Enquiry
1.6.5 Court – martial

1.6.6 Need for industrial Tribunals, Commissions of Enquiry, Court Martial, Unfair means of examination, Arbitration, Disciplinary proceedings

2.CENTRAL CONCEPTIONS IN LAW OF EVIDENCE
2.1 Facts: Sec. 3; Definition, distinction (relevant facts/ facts in issue)
2.2 Evidence: Oral and documentary (is ‘real’ or ‘material’ evidence Covered by this) – Primary and Secondary evidence
2.3 Circumstantial Evidence, Direct Evidence and Hearsay evidence
2.4 Presumption (sec.4)
2.5 ‘Proved’ ,’Disproved’ and Not Proved.
2.6 Witness in law of evidence palys an important role in law of Insurance.
2.7 Appreciation of Evidence

3.FACTS: RELEVANCY
3.1 The Doctrine of Res Gestae (sec.6,7,8,9)
3.2 Evidence of Common Intention (sec.10)
3.3 The problems of relevancy of ‘Otherwise’ Irrelevant become Relevant Facts (sec.11)
3.4 Relevant facts for proof of custom (sec. 13)
3.5 Facts concerning bodies and metal state (sec.14 & 15)

4.ADM ISSIONS AND CONFESSIONS
4.1 General principles concerning Admissions(sec. 17-23)
4.2 Differences between ‘Admission’ and ‘Confession’ The problems of non – admissibility of confessions Caused by inducement, threat or promise (sec. 24). Coimbatore lawyers deal cases related to law of evidence.
4.3 Inadmissibility of Confession made before a Police Officer (sec.25)
4.4 Admissibility of ‘Custodial’ Confessions (sec 26)
4.5 Admissibility of ‘information’ received from an accused Person in custody; with special reference to the problem of discovery based on ‘Joint statement’ (sec. 27)
4.6 Confession by Co – accused (sec. 30)
4.7 The problems with the judicial action based on a ‘Retracted Confession’

5.DYING DECLARATION OTHER STATEMENTS BY PERSONS WHO CAN NOT BE CALLED AS WITNESSES
5.1 The justification for relevance on dying declaration (sec. 32)
5.2 The judicial standards for appreciation of evidentiary value of dying declarations
5.3 Section 33(2) to (8); General Principles
5.4 Special problems concerning violation of women’s rights In marriage in the Law of Evidence (sec. 32 (6))

6.RELEVANCE OF JUDGMENTS
6.1 General principles (sec. 40 – 44)
6.2 Admissibility of Judgments in civil and criminal matters (sec. 43)
6.3 ‘Fraud and “Collusion” (sec.44)

7.EXPERT TESTIMONY
7.1 General Principles (sec. 45- 50)
7.2 Who is an Expert? Types of Expert Evidence
7.3 Opinion on Relationship especially proof of marriage (sec. 50)
7.4 The Problems of Judicial defense to expert testimony

8.ORAL AND DOCUMENTARY EVIDENCE
8.1 General Principles concerning oral evidence (sec. 59 -60)
8.2 General principles concerning documentary Evidence (sec. 67 – 90)
8.3 General Principles Regarding Exclusion of oral by Documentary Evidence
8.4 Special problems regarding Hearsay Evidence
8.5 Estoppel in relation to oral and Documentary Evidence and Private International Law.

9.WITNESSES, EXAMINATION AND CROSS EXAMINATION
9.1 Competency to Testify (sec. 118)
9.2 State Privilege (sec. 123)
9.3 Professional Privilege (sec. 126,127, 128)
9.4 Approver Testimony (sec.133)
9.5 General Principles of Examination (sec. 135 – 166)
9.6 Leading Questions (sec. 141- 143)
9.7 Lawful Questions in Cross Examination (sec. 146)
9.8 Compulsion to answer questions put to witness (sec. 147, 153)
9.9 Hostile Witness (sec. 154)
9.10 Impeaching of the standing or credit of witness (sec. 155)

10.BURDEN OF PROOF AND ESTOPPEL
10.1 The General and Special Exceptions to Probandi (sec. 101)
10.2 General and Special Exceptions to Onus Probandi
10.3 The justification of presumptions of the Doctrine of Judicial Notice
10.4 Justification as to presumption as to certain offences (sec. 113- A)
10.5 Presumptions as to Dowry Death (sec. 113 – B)
10.6 The Scope of the Doctrine of Judicial Notice (sec. 114)
10.7 Why Estoppel? Introduction as to the Rationale (sec. 115)
10.8 Estoppel, Resjudicata and Waiver: and Presumption
10.9 Estoppel as a matter of
10.10 Estoppel by Deed
10.11 Estoppel in fair
10.12 Equitable and promissory Estoppel
10.13 Questions of corroboration (sec. 156, 157); Accomplice
Improper admission and of witness in civil and criminal cases - Arising out of discussion of these areas the class should take Up issues of law reform. The Sixty Ninth Report on the Indian Evidence Act by the Law Commission of India proposes many Changes. Some of these must by promotion of Human Rights in the administration of justice

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